Statement of Use

PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

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PTO Form 1553 (Rev 9/2005)

OMB No. 0651-0054 (Exp. 09/30/2011)

Trademark/Service Mark Statement of Use
(15 U.S.C. Section 1051(d))

To the Commissioner for Trademarks:

MARK: CONKER
SERIAL NUMBER: 78534544

This Allegation of Use is being filed after a Notice of Allowance has issued.

The applicant, Microsoft Corporation, having an address of One Microsoft Way, Redmond, Washington United States 98052-6399, is using or is using through a related company or licensee the mark in commerce on or in connection with the goods and/or services as follows:

For International Class 016:
Current identification: publications, namely, strategy guides, user manuals, comic books, series of fiction books, magazines and newsletters all in the field of computer games, science fiction, games and entertainment; pens, pencils, markers, stationery, stationery-type portfolios, clipboards, desk sets, pen and pencil holders, mounted and unmounted photographs, posters, magnetic boards, memo pads, binders, staplers, paperweights, paper coasters, calendars, notebooks, book covers, sticker books, greeting cards and note cards

The applicant, or the applicant's related company or licensee, is using the mark in commerce on or in connection with all goods and/or services listed in the application or Notice of Allowance, except the following: comic books, series of fiction books, magazines and newsletters all in the field of computer games, science fiction, games and entertainment; pens, pencils, markers, stationery, stationery-type portfolios, clipboards, desk sets, pen and pencil holders, mounted and unmounted photographs, magnetic boards, memo pads, binders, staplers, paperweights, paper coasters, calendars, notebooks, book covers, sticker books, greeting cards and note cards.

The following is proposed as the complete final identification once the specific good(s) or service(s) identified above is deleted: publications, namely, strategy guides, user manuals; posters. The mark was first used by the applicant, or the applicant's related company, licensee, or predecessor in interest at least as early as 06/21/2005, and first used in commerce at least as early as 06/21/2005, and is now in use in such commerce. The applicant is submitting one specimen for the class showing the mark as used in commerce on or in connection with any item in the class, consisting of a(n) digital image of a point-of-sale retail web page showing use of the mark on the goods.
Specimen File1

The applicant hereby appoints William O. Ferron, Jr. and Kevin S. Costanza, Lorraine Linford, E. Russell Tarleton, Karl L. Klassen of  SEED IP LAW GROUP PLLC, Suite 5400, 701 Fifth Avenue, SEATTLE, Washington United States 98104 to submit this Trademark/Service Mark Statement of Use on behalf of the applicant. The attorney docket/reference number is 666005.20400.

A fee payment in the amount of $100 will be submitted with the form, representing payment for 1 class.


Declaration

Applicant requests registration of the above-identified trademark/service mark in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq., as amended). Applicant is the owner of the mark sought to be registered, and is using the mark in commerce on or in connection with the goods/services identified above, as evidenced by the attached specimen(s) showing the mark as used in commerce.

The undersigned being hereby warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of this document, declares that he/she is properly authorized to execute this document on behalf of the Owner; and all statements made of his/her own knowledge are true and that all statements made on information and belief are believed to be true.


Signature: /Kevin S. Costanza/      Date Signed: 06/20/2008
Signatory's Name: Kevin S. Costanza
Signatory's Position: Attorney for Applicant

Mailing Address:
   SEED IP LAW GROUP PLLC
   701 Fifth Avenue
   Suite 5400
   SEATTLE, Washington 98104

Mailing Address:
   SEED IP LAW GROUP PLLC
   Suite 5400
   701 Fifth Avenue
   SEATTLE, Washington 98104

RAM Sale Number: 911
RAM Accounting Date: 06/23/2008

Serial Number: 78534544
Internet Transmission Date: Fri Jun 20 15:37:59 EDT 2008
TEAS Stamp: USPTO/SOU-XX.XX.XXX.XXX-2008062015375914
6396-78534544-4006e263ac83754dfd986a5315
91676f75a-DA-911-20080620153217880405